Our Rights When Arrested-India

Topics: Criminal law, Magistrate, Legal terms Pages: 12 (2857 words) Published: July 29, 2013
OUR RIGHTS WHEN ARRESTED / IN POLICE CUSTODY
(3 Poster Series)

(Poster I)

Investigation

Investigation by any police officer of any male below 15 years or any woman can be made only at the place of residence (Sec.160 Cr. P.C)

Arrest

Persons arrested must be informed of the full particulars of the offence committed and the grounds for arrest. (Sec.50 Cr. P.C. & Art 22 (1) - Constitution of India)

All persons arrested / detained must be served a custody memo as per Supreme Court directions in D.K. Basu Vs State of West Bengal.

Persons arrested cannot be detained for more than 24 hours in Police Custody (Sec.56/57 Cr.P.C. & Art 22 (2) Constitution of India.

An Accused person is entitled to a copy, free of cost, of the Police Final Report, First Information Report (FIR), statements of all persons whom prosecution proposes to examine as its witnesses (Sec 207, Sec. 154, Sec. 161 [3]) confessions and statements if any recorded and any other documents, relevant extracts forwarded to the magistrate.

The arrested person has a right to consult and be defended by a legal practitioner of his choice (Article 22 (1) of the Constitution of India).

If the arrested person is poor, he can get free Legal Assistance from the Legal Services Authority (Art 39 A Constitution of India).

The person arrested, has a right to be examined by a registered medical practitioner (Sec.54) to disprove, the commission of Offence or to prove the ill-treatment of the police or any other suitable reason. (S.54 Cr. P.C).

In the case of a woman the medical examination has to be made only by a female registered medical practitioner.

Police are empowered by Sec.41, 42, 151 and 432 (3) of Cr.P.C. to arrest without a warrant.

Arrest should not be made on mere suspicion (145 Cr. P.C).

The arrested person is entitled for compensation for groundless arrest / illegal detention.

The registering of the FIR is not a condition precedent to grant anticipatory bail.

Warrant of arrest should be in writing and signed by the Presiding officer of the court with seal. Substance of the warrant should be shown or intimated to the person to be arrested.

(Poster II)

Police Custody

Custody includes surrender of accused before the court and submissions to directions.

A Magistrate may order for the remand of the arrested person to police custody u/s 167 (3) of the Cr.P.C. The Magistrate should be fully satisfied that there is good ground to remand the accused to police custody.

If a person is released on bail he cannot be remanded to police custody.

When remand to police custody is granted (subject to Supreme Court orders in D.K. Basu).

I.the accused in police custody can be kept in police lock - up.

II.can be taken to any place for purposes of investigation within this period.

III.can be kept at any place for purposes of investigation within this period.

there should always be an entry in the Daily Diary (i.e. General Diary) when accused is taken out of police lock-up or readmitted;

if the accused falls ill in police lock-up, he must be given medical aid or treatment admitted for in a hospital.

if an accused dies in police custody, officer - in - charge shall immediately inform the nearest Executive Magistrate empowered to hold inquests, for investigation u/s 176 Cr.P.C. and intimated to the National Human Rights Commission within 24 hours.

detention of accused for longer than 24 hours when not produced for remand and beyond period of remand without orders of Magistrate is illegal and Police Officer is liable u/s 342 IPC and u/s 29 of the Police Act.

Accused may engage a counsel during proceedings of remand and accused may raise an objection that the police is not entitled to custody.

Bail

Person accused of a bailable offence has right to be released on bail. It is the duty of the police officer incharge to intimate this. Bail not Jail is the Rule of Law.

An accused person...
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